BISHNU HARI JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been preferred by Bishnuhari Jana who was an approved Headmaster of Balpai Prafulla Chandra Sen Vidyamandir within the district of Hooghly, against the impugned order passed on 21/11/2016 in the writ petition being WP 24786(W) of 2016.

(2.) This is the fourth round of litigation initiated by the appellant writ petitioner. Each round of litigation dealt with the purported resignation of the appellant/writ petitioner from his service in the said school. In each round of litigation the writ petition has been contested by the school authority and the State respondents stating that the resignation of the appellant writ petitioner has been accepted. The issue of resignation of the appellant writ petitioner from his service has attained finality with the order of the Hon'ble Single Bench in CO 8053 (W) of 1993. Hon'ble Single Bench of this Court in WP No. 14351 (W) of 2011 dtd. 17/11/2011 directing the concerned authority to pay all outstanding dues which are admissible to him. Subsequently by an order dtd. 20/4/2016 in another writ petitioner being WP 2207 (W) of 2016 Hon'ble Single Bench of this Court directed the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal (for short DPP&G) to take steps with regard to the representation of the writ petition. The DPP&G, inter alia, found that under the West Bengal Recognized non-Governemnt Educational Institution Employees (Death- cum-Retirement Benefit) Rules 1981 ( for short the 1981 Rules) the resignation tendered by the appellant entails forfeiture of the past service.

(3.) The appellant herein was the writ petitioner before the Hon'ble Single Bench and the respondents were the opposite parties/respondents in the writ petition.